Murray v. Nephew et al

Filing 46

ORDER: ORDERS that 45 Report and Recommendation is accepted in its entirety. ORDERS that Defendants' motion for summary judgment (Dkt. No. 40 ) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety with prejudice. O RDERS that Plaintiff's motion for appointment of counsel (Dkt. No. 39 ) is DENIED. ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 4/1415. {order served via regular mail and via certified mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
ROBERT L. MURRAY,
Plaintiff,
v.

9:13-CV-1056
(FJS/ATB)

RC II NEPHEW, Clinton Correctional Facility; and
RC II PROVOST, Clinton Correctional Facility.
Defendants.
_____________________________________________
APPEARANCES

OF COUNSEL

ROBERT L. MURRAY
276 East 171st Street
Room 4
Bronx, New York 10457
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants

C. HARRIS DAGUE, AAG

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Baxter's March 24, 2015 Order and
Report-Recommendation, in which he recommended that this Court grant Defendants’ motion
for summary judgment and deny Plaintiff's motion for appointment of counsel and dismiss
Plaintiff’s complaint in its entirety with prejudice. See Dkt. No. 45 at 15. The parties did not file
any objections to these recommendations.

When a party does not object to a magistrate judge’s report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v.
Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and
footnote omitted). After conducting this review, “the Court may ‘accept, reject, or modify in
whole or in part, the . . . recommendations made by the magistrate judge.’” Id. (quoting 28
U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Baxter's March 24, 2015 Order and ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Baxter’s March 24, 2015 Order and ReportRecommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court
further
ORDERS that Defendants’ motion for summary judgment (Dkt. No. 40) is GRANTED
and Plaintiff’s complaint is DISMISSED in its entirety with prejudice; and the Court further
ORDERS that Plaintiff’s motion for appointment of counsel (Dkt. No. 39) is DENIED;
and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and
close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: April 14, 2015
Syracuse, New York

-2-